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Title 16 - Crimes and Offenses
CHAPTER 3.
OFFENSES AGAINST THE PERSON
ARTICLE 7.
ASSAULT AND CRIMINAL SEXUAL CONDUCT
SECTION 16-3-651. Criminal sexual conduct: definitions.
For
the purposes of Sections 16-3-651 to 16-3-659.1:
(a)
"Actor" means a person accused of criminal sexual conduct.
(b)
"Aggravated coercion" means that the actor threatens to use force or
violence of a high and aggravated nature to overcome the victim or another
person, if the victim reasonably believes that the actor has the present
ability to carry out the threat, or threatens to retaliate in the future by the
infliction of physical harm, kidnapping or extortion, under circumstances of
aggravation, against the victim or any other person.
(c)
"Aggravated force" means that the actor uses physical force or
physical violence of a high and aggravated nature to overcome the victim or
includes the threat of the use of a deadly weapon.
(d)
"Intimate parts" includes the primary genital area, anus, groin,
inner thighs, or buttocks of a male or female human being and the breasts of a
female human being.
(e)
"Mentally defective" means that a person suffers from a mental
disease or defect which renders the person temporarily or permanently incapable
of appraising the nature of his or her conduct.
(f)
"Mentally incapacitated" means that a person is rendered temporarily
incapable of appraising or controlling his or her conduct whether this
condition is produced by illness, defect, the influence of a substance or from
some other cause.
(g)
"Physically helpless" means that a person is unconscious, asleep, or
for any other reason physically unable to communicate unwillingness to an act.
(h)
"Sexual battery" means sexual intercourse, cunnilingus, fellatio,
anal intercourse, or any intrusion, however slight, of any part of a person's
body or of any object into the genital or anal openings of another person's
body, except when such intrusion is accomplished for medically recognized
treatment or diagnostic purposes.
(i)
"Victim" means the person alleging to have been subjected to criminal
sexual conduct.
SECTION
16-3-652. Criminal sexual conduct in the first degree.
(1)
A person is guilty of criminal sexual conduct in the first degree if the actor
engages in sexual battery with the victim and if any one or more of the
following circumstances are proven:
(a)
The actor uses aggravated force to accomplish sexual battery.
(b)
The victim submits to sexual battery by the actor under circumstances where the
victim is also the victim of forcible confinement, kidnapping, robbery,
extortion, burglary, housebreaking, or any other similar offense or act.
(c)
The actor causes the victim, without the victim's consent, to become mentally
incapacitated or physically helpless by administering, distributing,
dispensing, delivering, or causing to be administered, distributed, dispensed, or delivered a controlled
substance, a controlled substance analogue, or any intoxicating substance.
(2)
Criminal sexual conduct in the first degree is a felony punishable by
imprisonment for not more than thirty years, according to the discretion of the
court.
SECTION
16-3-653. Criminal sexual conduct in the second degree.
(1)
A person is guilty of criminal sexual conduct in the second degree if the actor
uses aggravated coercion to accomplish sexual battery.
(2)
Criminal sexual conduct in the second degree is a felony punishable by
imprisonment for not more than twenty years according to the discretion of the
court.
SECTION
16-3-654. Criminal sexual conduct in the third degree.
(1)
A person is guilty of criminal sexual conduct in the third degree if the actor
engages in sexual battery with the victim and if any one or more of the
following circumstances are proven:
(a)
The actor uses force or coercion to accomplish the sexual battery in the
absence of aggravating circumstances.
(b)
The actor knows or has reason to know that the victim is mentally defective,
mentally incapacitated, or physically helpless and aggravated force or
aggravated coercion was not used to accomplish sexual battery.
(2)
Criminal sexual conduct in the third degree is a felony punishable by
imprisonment for not more than ten years, according to the discretion of the
court.
SECTION
16-3-655. Criminal sexual conduct with a
minor; aggravating and mitigating circumstances; penalties; repeat offenders.
(A)
A person is guilty of criminal sexual conduct with a minor in the first degree
if:
(1)
the actor engages in sexual battery with a victim who is less than eleven years
of age; or
(2)
the actor engages in sexual battery with a victim who is less than sixteen
years of age and the actor has previously been convicted of, pled guilty or
nolo contendere to, or adjudicated delinquent for an offense listed in Section
23-3-430(C) or has been ordered to be included in the sex offender registry
pursuant to Section 23-3-430(D).
(B)
A person is guilty of criminal sexual conduct with a minor in the second degree
if:
(1)
the actor engages in sexual battery with a victim who is fourteen years of age
or less but who is at least eleven years of age; or
(2)
the actor engages in sexual battery with a victim who is at least fourteen
years of age but who is less than sixteen years of age and the actor is in a
position of familial, custodial, or official authority to coerce the victim to
submit or is older than the victim. However, a person may not be convicted of a
violation of the provisions of this item if he is eighteen years of age or less
when he engages in illicit but consensual sexual conduct with another person
who is at least fourteen years of age. In addition, mistake of age may be used
as a defense.
(C)(1)
A person convicted of a violation of subsection (A)(1) is guilty of a felony
and, upon conviction, must be imprisoned for a mandatory minimum of twenty-five
years, no part of which may be suspended or probation granted, or must be
imprisoned for life. In the case of a person pleading guilty or nolo contendere
to a violation of subsection (A)(1), the judge must make a specific finding on
the record regarding whether the type of conduct that constituted the sexual
battery involved sexual or anal intercourse by a person or intrusion by an
object. In the case of a person convicted at trial for a violation of
subsection (A)(1), the judge or jury, whichever is applicable, must designate
as part of the verdict whether the conduct that constituted the sexual battery
involved sexual or anal intercourse by a person or intrusion by an object. If
the person has previously been convicted of, pled guilty or nolo contendere to,
or adjudicated delinquent for first degree criminal sexual conduct with a minor
who is less than eleven years of age or a federal or out-of-state offense that would constitute first degree
criminal sexual conduct with a minor who is less than eleven years of age, he
must be punished by death or by imprisonment for life, as provided by this
section. For the purpose of determining a prior conviction under this
subsection, the person must have been convicted of, pled guilty or nolo
contendere to, or adjudicated delinquent on a separate occasion, prior to the
instant adjudication, for first degree criminal sexual conduct with a minor who
is less than eleven years of age or a federal or out-of-state offense that
would constitute first degree criminal sexual conduct with a minor who is less
than eleven years of age. In order to be eligible for the death penalty
pursuant to this section, the sexual battery constituting the current offense
and any prior offense must have involved sexual or anal intercourse by a person
or intrusion by an object. If any prior offense that would make a person
eligible for the death penalty pursuant to this section occurred prior to the
effective date of this act and no specific finding was made regarding the
nature of the conduct or is an out-of-state or federal conviction, the
determination of whether the sexual battery constituting the prior offense
involved sexual or anal intercourse by a person or intrusion by an object must
be made in the separate sentencing proceeding provided by this section and
proven beyond a reasonable doubt and designated in writing by the judge or jury, whichever is applicable. If
the judge or jury, whichever is applicable, does not find that the prior
offense involved sexual or anal intercourse by a person or intrusion by an
object, then the person must be sentenced to imprisonment for life. For
purposes of this subsection, imprisonment for life means imprisonment until
death.
(2) A person
convicted of a violation of subsection (A)(2) is guilty of a felony and, upon
conviction, must be imprisoned for not less than ten years nor more than thirty
years, no part of which may be suspended or probation granted.
(3)
A person convicted of a violation of subsection (B) is guilty of a felony and,
upon conviction, must be imprisoned for not more than twenty years according to
the discretion of the court.
(D, E, F ,G, H See official web site for entire statute)
SECTION 16-3-656. Criminal sexual conduct: assaults with
intent to commit.
Assault
with intent to commit criminal sexual conduct described in the above sections
shall be punishable as if the criminal sexual conduct was committed.
SECTION 16-3-659. Criminal sexual conduct: males under
fourteen not presumed incapable of committing crime of rape.
The
common law rule that a boy under fourteen years is conclusively presumed to be
incapable of committing the crime of rape shall not be enforced in this State.
Provided, that any person under the age of 14 shall be tried as a juvenile for
any violations of Sections 16-3-651 to 16-3-659.1.
ARTICLE 8.
SECTION 16-3-810. Engaging
child for sexual performance; penalty.
(a)
It is unlawful for any person to employ, authorize, or induce a child younger
than eighteen years of age to engage in a sexual performance. It is unlawful
for a parent or legal guardian or custodian of a child younger than eighteen
years of age to consent to the participation by the child in a sexual
performance.
(b)
Any person violating the provisions of subsection (a) of this section is guilty
of criminal sexual conduct of the second degree and upon conviction shall be
punished as provided in Section 16-3-653.
ARTICLE 17.
HARASSMENT AND STALKING
SECTION 16-3-1700.
Definitions.
As
used in this article:
(A)
"Harassment in the first degree" means a pattern of intentional,
substantial, and unreasonable intrusion into the private life of a targeted person
that serves no legitimate purpose and causes the person and would cause a
reasonable person in his position to suffer mental or emotional distress.
Harassment in the first degree may include, but is not limited to:
(1)
following the targeted person as he moves from location to location;
(2)
visual or physical contact that is initiated, maintained, or repeated after a
person has been provided oral or written notice that the contact is unwanted or
after the victim has filed an incident report with a law enforcement agency;
(3)
surveillance of or the maintenance of a presence near the targeted person's:
(a)
residence;
(b)
place of work;
(c)
school; or
(d)
another place regularly occupied or visited by the targeted person; and
(4)
vandalism and property damage.
(B)
"Harassment in the second degree" means a pattern of intentional,
substantial, and unreasonable intrusion into the private life of a targeted
person that serves no legitimate purpose and causes the person and would cause
a reasonable person in his position to suffer mental or emotional distress.
Harassment in the second degree may include, but is not limited to, verbal,
written, or electronic contact that is initiated, maintained, or repeated.
(C)
"Stalking" means a pattern of words, whether verbal, written, or
electronic, or a pattern of conduct that serves no legitimate purpose and is
intended to cause and does cause a targeted person and would cause a reasonable
person in the targeted person's position to fear:
(1)
death of the person or a member of his family;
(2)
assault upon the person or a member of his family;
(3)
bodily injury to the person or a member of his family;
(4)
criminal sexual contact on the person or a member of his family;
(5)
kidnapping of the person or a member of his family; or
(6)
damage to the property of the person or a member of his family.
(D)
"Pattern" means two or more acts occurring over a period of time,
however short, evidencing a continuity of purpose.
(E)
"Family" means a spouse, child, parent, sibling, or a person who
regularly resides in the same household as the targeted person.
(F)
"Electronic contact" means any transfer of signs, signals, writings,
images, sounds, data, intelligence, or information of any nature transmitted in
whole or in part by any device, system, or mechanism including, but not limited
to, a wire, radio, computer, electromagnetic, photoelectric, or photo-optical
system.
(G)
This section does not apply to words or conduct protected by the Constitution
of this State or the United States, a law enforcement officer or a process
server performing official duties, or a licensed private investigator
performing services or an investigation as described in detail in a contract
signed by the client and the private investigator pursuant to Section 40-18-70.
Title 16 - Crimes and Offenses
CHAPTER 15.
OFFENSES AGAINST MORALITY AND DECENCY
ARTICLE 1.
MISCELLANEOUS OFFENSES
SECTION 16-15-20. Incest.
Any
persons who shall have carnal intercourse with each other within the following degrees
of relationship, to wit:
(1)
A man with his mother, grandmother, daughter, granddaughter, stepmother,
sister, grandfather's wife, son's wife, grandson's wife, wife's mother, wife's
grandmother, wife's daughter, wife's granddaughter, brother's daughter,
sister's daughter, father's sister or mother's sister; or
(2)
A woman with her father, grandfather, son, grandson, stepfather, brother,
grandmother's husband, daughter's husband, granddaughter's husband, husband's
father, husband's grandfather, husband's son, husband's grandson, brother's
son, sister's son, father's brother or mother's brother;
Shall
be guilty of incest and shall be punished by a fine of not less than five
hundred dollars or imprisonment not less than one year in the Penitentiary, or
both such fine and imprisonment.
SECTION 16-15-140. Committing or attempting lewd act upon
child under sixteen.
It
is unlawful for a person over the age of fourteen years to wilfully and lewdly
commit or attempt a lewd or lascivious act upon or with the body, or its parts,
of a child under the age of sixteen years, with the intent of arousing,
appealing to, or gratifying the lust or passions or sexual desires of the
person or of the child.
A
person violating the provisions of this section is guilty of a felony and, upon
conviction, must be fined in the discretion of the court or imprisoned not more
than fifteen years, or both.
SECTION 16-15-250. Communicating obscene
messages to other persons without consent.
It
is unlawful for a person to anonymously write, print, telephone, transmit a
digital electronic file, or by other manner or means communicate, send, or
deliver to another person within this State, without that person's consent, any
obscene, profane, indecent, vulgar, suggestive, or immoral message.
A
person who violates the provisions of this section is guilty of a misdemeanor
and, upon conviction, must be fined in the discretion of the court or
imprisoned not more than three years, or both.
ARTICLE 3.
OBSCENITY, MATERIAL HARMFUL TO MINORS, CHILD EXPLOITATION, AND CHILD
PROSTITUTION
SECTION 16-15-342. Criminal solicitation of a minor; defenses;
penalties.
(A)
A person eighteen years of age or older commits the offense of criminal solicitation
of a minor if he knowingly contacts or communicates with, or attempts to
contact or communicate with, a person who is under the age of eighteen, or a
person reasonably believed to be under the age of eighteen, for the purpose of
or with the intent of persuading, inducing, enticing, or coercing the person to
engage or participate in a sexual activity as defined in Section 16-15-375(5)
or a violent crime as defined in Section 16-1-60, or with the intent to perform
a sexual activity in the presence of the person under the age of eighteen, or
person reasonably believed to be under the age of eighteen.
(B)
Consent is a defense to a prosecution pursuant to this section if the person
under the age of eighteen, or the person reasonably believed to be under the
age of eighteen, is at least sixteen years old.
(C)
Consent is not a defense to a prosecution pursuant to this section if the
person under the age of eighteen, or the person reasonably believed to be under
the age of eighteen, is under the age of sixteen.
(D)
It is not a defense to a prosecution pursuant to this section, on the basis of
consent or otherwise, that the person reasonably believed to be under the age
of eighteen is a law enforcement agent or officer acting in an official
capacity.
(E)
A person who violates the provisions of this section is guilty of a felony and,
upon conviction, must be fined not more than five thousand dollars or
imprisoned for not more than ten years, or both.
SECTION 16-15-365. Exposure of private parts in
lewd and lascivious manner, aiding or procuring person to perform such act, or
permitting use of premises for such act prohibited; penalties.
Any
person who wilfully and knowingly exposes the private parts of his person in a
lewd and lascivious manner and in the presence of any other person, or aids or
abets any such act, or who procures another to perform such act, or any person,
who as owner, manager, lessee, director, promoter, or agent, or in any other
capacity knowingly hires, leases, or permits the land, building, or premises of
which he is owner, lessee, or tenant, or over which he has control, to be used
for purposes of any such act, is guilty of a misdemeanor and, upon conviction,
must be imprisoned for not more than six months or fined not more than five
hundred dollars, or both.
SECTION 16-15-375. Definitions applicable to Sections 16-15-385 through
16-15-425.
The
following definitions apply to Section 16-15-385, disseminating or exhibiting
to minors harmful material or performances; Section 16-15-387, employing a
person under the age of eighteen years to appear in a state of sexually
explicit nudity in a public place; Section 16-15-395, first degree sexual
exploitation of a minor; Section 16-15-405, second degree sexual exploitation
of a minor; Section 16-15-410, third degree sexual exploitation of a minor;
Section 16-15-415, promoting prostitution of a minor; and Section 16-15-425,
participating in prostitution of a minor.
(1)
"Harmful to minors" means that quality of any material or performance
that depicts sexually explicit nudity or sexual activity and that, taken as a
whole, has the following characteristics:
(a)
the average adult person applying contemporary community standards would find
that the material or performance has a predominant tendency to appeal to a
prurient interest of minors in sex; and
(b)
the average adult person applying contemporary community standards would find
that the depiction of sexually explicit nudity or sexual activity in the
material or performance is patently offensive to prevailing standards in the
adult community concerning what is suitable for minors; and
(c)
to a reasonable person, the material or performance taken as a whole lacks
serious literary, artistic, political, or scientific value for minors.
(2)
"Material" means pictures, drawings, video recordings, films, digital
electronic files, or other visual depictions or representations but not
material consisting entirely of written words.
(3)
"Minor" means an individual who is less than eighteen years old.
(4)
"Prostitution" means engaging or offering to engage in sexual
activity with or for another in exchange for anything of value.
(5)
"Sexual activity" includes any of the following acts or simulations
thereof:
(a)
masturbation, whether done alone or with another human or animal;
(b)
vaginal, anal, or oral intercourse, whether done with another human or an
animal;
(c)
touching, in an act of apparent sexual stimulation or sexual abuse, of the
clothed or unclothed genitals, pubic area, or buttocks of another person or the
clothed or unclothed breasts of a human female;
(d)
an act or condition that depicts bestiality, sado-masochistic abuse, meaning
flagellation or torture by or upon a person who is nude or clad in undergarments
or in a costume which reveals the pubic hair, anus, vulva, genitals, or female
breast nipples, or the condition of being fettered, bound, or otherwise
physically restrained on the part of the one so clothed;
(e)
excretory functions;
(f)
the insertion of any part of a person's body, other than the male sexual organ,
or of any object into another person's anus or vagina, except when done as part
of a recognized medical procedure.
(6)
"Sexually explicit nudity" means the showing of:
(a)
uncovered, or less than opaquely covered human genitals, pubic area, or
buttocks, or the nipple or any portion of the areola of the human female
breast; or
(b)
covered human male genitals in a discernibly turgid state.
SECTION 16-15-395. First degree sexual exploitation of a minor
defined; presumptions; defenses; penalties.
(A)
An individual commits the offense of first degree sexual exploitation of a
minor if, knowing the character or content of the material or performance, he:
(1)
uses, employs, induces, coerces, encourages, or facilitates a minor to engage
in or assist others to engage in sexual activity for a live performance or for
the purpose of producing material that contains a visual representation
depicting this activity;
(2)
permits a minor under his custody or control to engage in sexual activity for a
live performance or for the purpose of producing material that contains a
visual representation depicting this activity;
(3)
transports or finances the transportation of a minor through or across this
State with the intent that the minor engage in sexual activity for a live
performance or for the purpose of producing material that contains a visual
representation depicting this activity; or
(4)
records, photographs, films, develops, duplicates, produces, or creates a
digital electronic file for sale or pecuniary gain material that contains a
visual representation depicting a minor engaged in sexual activity.
(B)
In a prosecution under this section, the trier of fact may infer that a
participant in a sexual activity depicted in material as a minor through its
title, text, visual representations, or otherwise, is a minor.
(C)
Mistake of age is not a defense to a prosecution under this section.
(D)
A person who violates the provisions of this section is guilty of a felony and,
upon conviction, must be imprisoned for not less than three years nor more than
twenty years. No part of the minimum sentence of imprisonment may be suspended
nor is the individual convicted eligible for parole until he has served the
minimum term of imprisonment. Sentences imposed pursuant to this section must
run consecutively with and commence at the expiration of another sentence being
served by the person sentenced.
SECTION 16-15-405. Second degree sexual exploitation of a
minor defined; presumptions; defenses; penalties.
(A)
An individual commits the offense of second degree sexual exploitation of a
minor if, knowing the character or content of the material, he:
(1)
records, photographs, films, develops, duplicates, produces, or creates digital
electronic file material that contains a visual representation of a minor
engaged in sexual activity; or
(2)
distributes, transports, exhibits, receives, sells, purchases, exchanges, or solicits
material that contains a visual representation of a minor engaged in sexual
activity.
(B)
In a prosecution under this section, the trier of fact may infer that a
participant in sexual activity depicted in material as a minor through its
title, text, visual representations, or otherwise, is a minor.
(C)
Mistake of age is not a defense to a prosecution under this section.
(D)
A person who violates the provisions of this section is guilty of a felony and,
upon conviction, must be imprisoned not less than two years nor more than ten
years. No part of the minimum sentence may be suspended nor is the individual
convicted eligible for parole until he has served the minimum sentence.
SECTION 16-15-410. Third degree sexual exploitation of a minor
defined; penalties.
(A)
An individual commits the offense of third degree sexual exploitation of a
minor if, knowing the character or content of the material, he possesses
material that contains a visual representation of a minor engaging in sexual
activity.
(B)
In a prosecution under this section, the trier of fact may infer that a
participant in sexual activity depicted as a minor through its title, text,
visual representation, or otherwise is a minor.
(C) A person who violates the provisions of this section is guilty of a felony and, upon conviction, must be imprisoned not more than ten years.
My
email address true_perspective@yahoo.com
Revised
07/07